New Shipping Information unless you prefer jail...
I will add this to the 'Shipping' sticky later.
Please read and make note when you ship firearms and/or ammunition to yourself or others:
"Disclose to the Carrier if Contents Include Firearms or Ammunition
In a recent case, an individual was criminally prosecuted by the federal government for shipping two guns and some ammunition via a common carrier. The federal government also seized and forfeited the firearms and ammo. Why? Because the shipper knowingly failed to disclose to the carrier in writing that the contents of the package contained firearms and ammo. He violated Section 922(e) of the Gun Control Act. This case provides an important lesson for all of us who may, for example, ship a firearm to ourselves for an event rather than check the firearm as luggage.
You MUST declare the contents to the common carrier in writing (on the carrier's form, check the box/fill in the line). It is a crime to "knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment . . . to persons other than a licensed [importer, manufacturer, dealers, or collector], any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped.""
Best.
Please read and make note when you ship firearms and/or ammunition to yourself or others:
"Disclose to the Carrier if Contents Include Firearms or Ammunition
In a recent case, an individual was criminally prosecuted by the federal government for shipping two guns and some ammunition via a common carrier. The federal government also seized and forfeited the firearms and ammo. Why? Because the shipper knowingly failed to disclose to the carrier in writing that the contents of the package contained firearms and ammo. He violated Section 922(e) of the Gun Control Act. This case provides an important lesson for all of us who may, for example, ship a firearm to ourselves for an event rather than check the firearm as luggage.
You MUST declare the contents to the common carrier in writing (on the carrier's form, check the box/fill in the line). It is a crime to "knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment . . . to persons other than a licensed [importer, manufacturer, dealers, or collector], any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped.""
Best.
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Thanks Nononsense. That is a great piece of information to know. Especially for those who assume it is not a piece of information that the shipper needs to know.
Best0 -
smart idea--I have seen more than one person on this board say they have shipped a gun via USPS/UPS/FedEx and just kept their mouth shut about it. I know it's a PITA but I sure don't want to end up in the Graybar Hotel. 0 -
I've stated a dozen times already to read the rules on the websites for shipping guns and ammo. I don't mind telling them infact I like to see the lines back up when I do and it's no worse then some ebayer shipping 50 items holding up the line. 0 -
This 'alert' is what is required of common carriers. I'd like to see just how the person shipping was found to be knowingly falsifying the bill of lading. Perhaps a sting operation?
Well, I digress. It has to be recorded, [that a firearm is being shipped]. Key word here is recorded.
Now, USPS, same rule applies. However, (and I'm annoyed over this), no where does the USPS record, in writing, the fact that you have made a declaration. It's your word against the mail clerk's word. USPS has a form (read: record) for handguns declaration. They should have a form for long guns also, or drop the requirement altogether. Best, Joe0 -
Thanks for the post nononsense. Of course this is not a new requirement. It has always bothered me to see the "bubbas" on this forum suggest cute little ways to avoid telling the truth about what is being shipped. Describing the contents of a package containing a firearm as machine parts, golf clubs, etc. puts a shipper at risk of a felony rap. 0 -
In this case, a professional basketball player shipped the package in question to a "friend" in another state. The "friend" came to the attention of local law enforcement, who thought that there may have been a violation of federal law.
While it may have appeared to some that this was an illegal transfer, the sender claimed that he was merely shipping the guns to himself, in care of the "friend". The government didn't explain why he was charged with "failure to notify" instead of an illegal transfer, but my guess is that the ADA went with the charge that he thought was more likely to get a conviction.
USPS is not a common or contract carrier. Federal law requires notification of a common or contract carrier when your package contains a firearm. All of this is explained in Federal Firearms Regulations Reference Guide (ATF P5300.4), page 178.
There is no requirement that a nonlicensee notify USPS that a package contains a long gun (handguns are not mailable by a nonlicensee). The firearms shipment form can only be submitted by a dealer/import/manufacturer (an FFL licensee).
Neal
EDIT: Fedex: Complete the multipart form & write "FIREARM" in any open space on the right side of the form; the clerk will peel off the address label only, & stick that on the package. UPS: You must use their computer at the customer service counter to prepare an electronic shipping record; enter "FIREARM" in the SPECIAL INSTRUCTIONS field, & that will be printed on your receipt but not the shipping label. Both: if the addressee is Bob's Gun Shop, enter BGS or Bob Smith.0 -
I always verbally tell the clerks that I am shipping a firearm -- but how is one to mark on the common carrier's form that the package contains a firearm, when the common carrier's rules state "The outside of the package must not be marked, labeled or otherwise identify that the package contains a firearm" (FedEx) or "The labeling and outer box markings on all firearms shipments should not describe the contents. Labeling must be non-descript including the shipper's and consignee's abbreviated names on the shipping label or air shipping document" (UPS)?
Edit --
Neal, thanks for the clarification.0 -
Keep in mind that this portion of the Gun Control Act applies only to common carriers and not to the US Postal Service who are not by statute a common carrier and can freely make their own rules and regulations. One size does not fit all (although it does fit most) so stay alert to the regulations as they apply to the carrier you are using. 0 -
While the case and the "in writing" part are new the law is far from new.
Right from the ATF website, http://www.atf.gov/firearms/faq/unlicensed-persons.html
Q: May a nonlicensee ship a firearm through the U.S. Postal Service?
A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]
Q: May a nonlicensee ship a firearm by common or contract carrier?
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]
Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?
Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.0 -
The purpose was to alert folks to the necessities of the law, not to be lectured over what is already written or is law. Too many folks believe that it's O.K. to deceive a shipper and this is proof that it's not.
Many of us have used the shipping to ourselves as a method of convenience to get firearms and ammunition across the country for competition or hunting trips to avoid the airlines rules or to simply get our supplies to a destination ahead of time. Be sure that the receiver knows not to open the package.
As stated, the USPS falls outside of these rules and rulings. This discussion has application to UPS and FedX only or any private contract carriers.
Best.0
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